(a) When a firearm is taken into custody by a law enforcement officer, the officer shall issue the person who possessed the firearm a receipt describing the firearm, and listing any serial number or other identification on the firearm.
(b) The receipt shall indicate where the firearm may be recovered, any applicable time limit for recovery, and the date after which the owner or possessor may recover the firearm pursuant to Chapter 2 (commencing with Section 33850).

Section 33850:

Quote:

Any person who claims title to any firearm that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm.

Section 33855:

Quote:

No law enforcement agency or court that has taken custody of any firearm may return the firearm to any individual unless the following requirements are satisfied [].

__________________Brandon Combs

I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

I just want to know if the cop stole legally owned property, making him a thief, why is he not arrested and charged?

Qualified immunity. Remember that for a cop, but not joe citizen, a claim of "honest mistake" is a shield against prosecution. Even if the seizure was in fact malicious and calculated to harm the owner (LEGR fees, legal costs, and time spent without possession) I doubt you could prove it.

Hey, there's plenty of Humboldt folks on here. While I know nothing of this incident, you have to be an idiot to bring an AR to the Arcata plaza on halloween.

I certainly was a Humboldt person on Calguns, until I left Humboldt of course.

The plaza is a pretty chill place, and I walked around with a fencing foil there, and if I had had a sword I would have carried that. I probably wouldn't have walked around there with an AR, but if it wasn't illegal then I hope CGF can help this fellow.

I understand this, but how many times has someone been told they're under arrest, then been told later they were only detained.

__________________
...... you cant have no idea how little I care "

Monte (Tom Selleck) - 'Monte Walsh'

"It's not always being fast or even accurate that counts, it's being willing. I found out early that most men, regardless of cause or need, aren't willing. They blink an eye or draw a breath before they pull the trigger--and I won't."

I have a curious question...lets say this leads to a lawsuit. Why not sit the other side down once it starts and they realise they are going to loose. Then offer them a deal, lawsuit gets dropped, IF the offending officer is dismissed from the force and bared from being rehired? Do that in enough lawsuits, and the cops are going to get the hint...back off or you loose your job.

__________________
"Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man - Thomas Jefferson

Not quite, and you're assuming they are just giving him his gun back. Not only was it nearly certainly an unconstitutional seizure of lawfully-possessed property, but they cannot give the gun back without the gun owner spending money on a LEGR and travelling to the PD property room to retrive the firearms, as well as suffering loss of use for the time period beginning with the taking and ending when it is returned.

I have a curious question...lets say this leads to a lawsuit. Why not sit the other side down once it starts and they realise they are going to loose. Then offer them a deal, lawsuit gets dropped, IF the offending officer is dismissed from the force and bared from being rehired? Do that in enough lawsuits, and the cops are going to get the hint...back off or you loose your job.

This has already been covered to some extent with the mention of 'qualified immunity'. Basically, if a public servant makes a mistake, they can say 'oops' and still keep their job. What is more likely to happen is that a settlement would be reached and the city would be required to provide training in what is and what isnt an assault weapon, which is the problem Arcata PD seems to have.

(And on another note 'loose' is why we have string attached between a child's tooth and a doorknob for. 'Lose' is what we get when we dont win.)

Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

“Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche

Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

“Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche

You either support the right to own and carry a legally configured rifle or you do not-

If rights were predicated upon the use of flawless judgement, we would either not exercise them in the abundance of caution or abandon those with whom we disagree. That is where we as gunowners are being used against each other. Ante up or anti up. You decide.

This has already been covered to some extent with the mention of 'qualified immunity'. Basically, if a public servant makes a mistake, they can say 'oops' and still keep their job. What is more likely to happen is that a settlement would be reached and the city would be required to provide training in what is and what isnt an assault weapon, which is the problem Arcata PD seems to have.

I have not noticed anything stated about the actual reason the rifle was seized. It seems to be implied, or understood, but where is the actual reason?

Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

“Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche

Hopefully the rifle's owner was not masked or had his identity disguised by a costume as that is illegal when posessing a firearm in public.

__________________"You keep using that word. I do not think it means what you think it means."
"What we get away with isn't usually the same as what's good for us"
"An extended slide stop is the second most useless part you can put on a 1911"
"While Ruger DA revolvers may be built like a tank, they have the aesthetics of one also,
although I suppose there are a few tanks which I owe an apology to for that remark"

This is what they will use to say "we no longer need to retrain anyone". We all know this will go no where before that date.

BUT "we're winning"

Hm.....let's list all the ways we're winning.....

*You can own an OLL in CA with little fear of being arrested (and know that if you are arrested, CGF will sue every motherf**ker in the room)
*You can use that OLL with a bullet button instead of having to do something stupid like weld the magazine to the receiver.
*You can configure that OLL in a featureless setup with things like grip wraps, MMGs, hammerheads, etc
*You can buy rebuild kits and use them to repair your lawfully possessed pre-2000 magazines, to permanently make 10 rd magazines, or keep them for use out of state
*SB249 was resoundingly defeated by a grassroots coalition
*If you live in Sacramento county, you can now get a LTC with "self-defense" as your good cause
*You have a fundamental enumerated constitutional right to own firearms for lawful purposes, including self defense (Heller)
*That right is incorporated against the states (McDonald)
*You can get off-roster handguns via SSE sales
*You can get AR/AK/etc pistols via SSE + bullet buttons

*You can own an OLL in CA with little fear of being arrested (and know that if you are arrested, CGF will sue every motherf**ker in the room)
*You can use that OLL with a bullet button instead of having to do something stupid like weld the magazine to the receiver.
*You can configure that OLL in a featureless setup with things like grip wraps, MMGs, hammerheads, etc
*You can buy rebuild kits and use them to repair your lawfully possessed pre-2000 magazines, to permanently make 10 rd magazines, or keep them for use out of state
*SB249 was resoundingly defeated by a grassroots coalition
*If you live in Sacramento county, you can now get a LTC with "self-defense" as your good cause
*You have a fundamental enumerated constitutional right to own firearms for lawful purposes, including self defense (Heller)
*That right is incorporated against the states (McDonald)
*You can get off-roster handguns via SSE sales
*You can get AR/AK/etc pistols via SSE + bullet buttons

Woe is me, we must be losing or something!

Shall I go on? :P

Quote:

Originally Posted by wildhawker

To those myopic few who think this is about open carry, broaden your horizons and read Amend 4.

*You can own an OLL in CA with little fear of being arrested (and know that if you are arrested, CGF will sue every motherf**ker in the room)
*You can use that OLL with a bullet button instead of having to do something stupid like weld the magazine to the receiver.
*You can configure that OLL in a featureless setup with things like grip wraps, MMGs, hammerheads, etc
*You can buy rebuild kits and use them to repair your lawfully possessed pre-2000 magazines, to permanently make 10 rd magazines, or keep them for use out of state
*SB249 was resoundingly defeated by a grassroots coalition
*If you live in Sacramento county, you can now get a LTC with "self-defense" as your good cause
*You have a fundamental enumerated constitutional right to own firearms for lawful purposes, including self defense (Heller)
*That right is incorporated against the states (McDonald)
*You can get off-roster handguns via SSE sales
*You can get AR/AK/etc pistols via SSE + bullet buttons

Woe is me, we must be losing or something!

Shall I go on? :P

Quote:

Originally Posted by HowardW56

CGN needs a LIKE button next to the Quote button.....

Truth. (Quoted for)

Quote:

Originally Posted by wildhawker

To those myopic few who think this is about open carry, broaden your horizons and read Amend 4.

Not to undermine your comment, (because I agree with it) but just playing devil's advocate- these same people would say that by openly carrying it, that the person with the rifle created the opportunity for a search under the plain view doctrine via 12031 inpection.

This too, would be wrong, because a 12031 loaded check is NOT a search, but a brief inspection to check just one thing- and that is whether the firearm is loaded per the statutory definition of what consitutes a loaded weapon.

Not to run a serial number.

Not to determine whether the weapon has been stolen or prove ownership.

Not to disassemble the weapon or alter the configuration or status into something that might be illegal under law.

Not to seize the weapon so that it's legality or illegality may be determined after review of the voluminuous statutes that might govern ownership and transport.

It's really simple regardless of whether or not you agree with the method of carry. This applies in this circumstance as well as shooting on public land.

Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

“Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche

Last few times I drove through Arcata on the way to visit family and Pac_Nor Barreling in Brookings, I came to the conclusion that Arcata had transformed into a picturesque free-range asylum.

On one occasion the wife and I stopped for lunch, only to be surrounded by the cloying stench of marijuana smog, most likely coming from the "Joint" Drug Task Force incinerator, "Whoa dude, this is some town!" I remarked in my best Cheech Marin impersonation. We ate, but were still hungry when we left.

On another trip through, a long haired wimpy boy with a Humboldt State decal on his barely running Toyota pickup swerved at my truck, flipping me the bird and honking his horn. Must have been my "Drill American Oil" bumper sticker.

The entire town appeared to be making ready for a Grateful Dead concert, now at least I know where the population of Laytonville disappears to on EBT card replenishment days.

Last few times I drove through Arcata on the way to visit family and Pac_Nor Barreling in Brookings, I came to the conclusion that Arcata had transformed into a picturesque free-range asylum.

On one occasion the wife and I stopped for lunch, only to be surrounded by the cloying stench of marijuana smog, most likely coming from the "Joint" Drug Task Force incinerator, "Whoa dude, this is some town!" I remarked in my best Cheech Marin impersonation. We ate, but were still hungry when we left.

On another trip through, a long haired wimpy boy with a Humboldt State decal on his barely running Toyota pickup swerved at my truck, flipping me the bird and honking his horn. Must have been my "Drill American Oil" bumper sticker.

The entire town appeared to be making ready for a Grateful Dead concert, now at least I know where the population of Laytonville disappears to on EBT card replenishment days.

Carry an AR-15 in Arcata? Dude, it oughta be mandatory.

-Brandon

__________________Brandon Combs

I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

*You can own an OLL in CA with little fear of being arrested (and know that if you are arrested, CGF will sue every motherf**ker in the room)
*You can use that OLL with a bullet button instead of having to do something stupid like weld the magazine to the receiver.
*You can configure that OLL in a featureless setup with things like grip wraps, MMGs, hammerheads, etc
*You can buy rebuild kits and use them to repair your lawfully possessed pre-2000 magazines, to permanently make 10 rd magazines, or keep them for use out of state
*SB249 was resoundingly defeated by a grassroots coalition
*If you live in Sacramento county, you can now get a LTC with "self-defense" as your good cause
*You have a fundamental enumerated constitutional right to own firearms for lawful purposes, including self defense (Heller)
*That right is incorporated against the states (McDonald)
*You can get off-roster handguns via SSE sales
*You can get AR/AK/etc pistols via SSE + bullet buttons

Woe is me, we must be losing or something!

Shall I go on? :P

LOL. Most of those aren't "winning". They are "complying".
*If it weren't for the CA AWB, there'd be no such thing as an OLL, and all AR-15s/AKs/etc. would be legal to own.
*If it weren't for the CA AWB, there'd be no need for a bullet button, and standard mag releases would be legal on rifles with "evil" features.
*If it weren't for the CA AWB, there'd be no need for magazine rebuilds, and standard cap magazines would be legal to purchase, sell, import, and manufacture. There'd be no such thing as "pre-ban."
*SB249, Sac LTC, Heller & McDonald - I'll give you those.
*If it weren't for the CA roster, we wouldn't have to search around for a FFL that does SSE on the particular firearm we want, and we'd be able to buy whatever handgun we wanted, without modification.

LOL. Most of those aren't "winning". They are "complying".
*If it weren't for the CA AWB, there'd be no such thing as an OLL, and all AR-15s/AKs/etc. would be legal to own.
*If it weren't for the CA AWB, there'd be no need for a bullet button, and standard mag releases would be legal on rifles with "evil" features.
*If it weren't for the CA AWB, there'd be no need for magazine rebuilds, and standard cap magazines would be legal to purchase, sell, import, and manufacture. There'd be no such thing as "pre-ban."
*SB249, Sac LTC, Heller & McDonald - I'll give you those.
*If it weren't for the CA roster, we wouldn't have to search around for a FFL that does SSE on the particular firearm we want, and we'd be able to buy whatever handgun we wanted, without modification.

So, who is doing the heavy lifting in creating all the work arounds, litigation, and advocacy?

Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

“Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche

I see. So given the history of violence at this location you wouldnt want anyone but police or military armed there?

It is more beneficial to demand that the police follow the law than to establish precedent that they can avoid litigation by handing over wrongfully seized property with a pat on the back and a 'sorry for the trouble'.

open carry in most cases is not a deterrent.

as to how effective that person could bring the weapon into a fight- have you ever tried doing a fast mag change with a BB AR? one where the weapon was slung and not in your hands and ready to go?

the standards for shooting someone is if they are a threat within 25ft. Do you think you could beat someone rushing you at that distance?

I get the 2A angle, but I think there was an big lack of good judgement in this particular incident. It doesnt help expand gun rights by doing that. Sheeple are terrified of Airsoft guns already....

LOL. Most of those aren't "winning". They are "complying".
*If it weren't for the CA AWB, there'd be no such thing as an OLL, and all AR-15s/AKs/etc. would be legal to own.
*If it weren't for the CA AWB, there'd be no need for a bullet button, and standard mag releases would be legal on rifles with "evil" features.
*If it weren't for the CA AWB, there'd be no need for magazine rebuilds, and standard cap magazines would be legal to purchase, sell, import, and manufacture. There'd be no such thing as "pre-ban."
*SB249, Sac LTC, Heller & McDonald - I'll give you those.
*If it weren't for the CA roster, we wouldn't have to search around for a FFL that does SSE on the particular firearm we want, and we'd be able to buy whatever handgun we wanted, without modification.

The AWB and the roster, are ongoing projects of The Calguns Foundation... The 10 round magazine limit is a future project....